Criminal Procedure Code, 1973, Section 227, 228 -- Charge - Framing of - At the stage of framing of charge, probative value of materials on record cannot be gone into - Material brought on record by prosecution has to be accepted as true at that stage...........
Criminal Procedure Code, 1973, Section 211 -- Charge - At the time of framing of the charges the probative value of the material on record cannot be gone into - Material brought on record by the prosecution has to be accepted as true at that stage - Before framing a charge the court must apply its judicial mind on the material placed on record and must be satisfied that..........
Evidence Act, 1872, Section 32 -- Dying declaration - No rule that dying declaration cannot form the sole basis of conviction unless it is corroborated - It is not a weaker kind of evidence - However, it has to be subjected to a very close scrutiny - Dying declaration if found truthful then there is no question of further corroboration - Deceased must be in a fit state of..........
Evidence Act, 1872, Section 35 -- Age - Voters list - Entry of age or other description in the voter list of a person is not conclusive proof of such age or status, but that is probative evidence with rebuttable presumption...........
Related witnesses -- When a witness holds a position of relationship favouring prosecution, it is incumbent on the Court to exercise appropriate caution when apprising his evidence and to examine its probative value with reference to the entire mosaic of acts appearing from the record...........
Age -- Proof - School records have more probative value than a horoscope - Where no other material is available, horoscope may be considered but subject to its authenticity being established...........
Circumstantial evidence -- Probative value of proved circumstances must be considered with due regard to ordinary human conduct and on a pragmatic and realistic approach...........
Industrial Disputes Act, 1947, Section 33(2)(b) -- Dismissal from service - Inquiry Officer upon consideration of materials on record found the respondent guilty of misconduct and respondent dismissed from service - Industrial Tribunal refused to grant approval holding that domestic enquiry conducted cannot be considered as fair and proper and the same vitiated on account..........
Domestic Enquiry -- Standard of proof - Strict and sophisticated rules of evidence under the Evidence Act may not apply - All materials which are logically probative for a prudent mind are permissible - Hearsay evidence, provided it has reasonable nexus and credibility, is good evidence at domestic enquiry...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3, 6(1), 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15(5) -- Confessional statement - Conviction - (i) Confession if properly recorded and made voluntarily and truthful; (ii) Whether such confession requires corroboration or not, is a matter for the court considering such..........
